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Module V: Trade Unions

Trade Unions: Meaning


A trade union is an organization of employees formed on a continuous basis for the purpose of securing diverse range of benefits. It is a continuous association of wage earners for the purpose of maintaining and improving the conditions of their working lives. Definition Dale Yoder has defined trade union as a continuing long term association of employees formed and maintained for the specific purpose of advancing and protecting the interests of members in their working relationships.

According to Flippo A labour union or trade union is an organization of workers formed to promote, protect, and improve, through collective action, the social, economic, and political interests of its members. According to Section 2 (h) of Trade Union Act, 1926, a trade union means, any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers, or between workmen and workmen, or between employers and employers; or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions.
Objectives

Broadly speaking good trade unions are supposed to protect and promote the interests of their members and also work for the betterment of the firms they belong to as also of the community and the nation as a whole.

Cont.. Under the Trade Union Act, 1926, any seven or more persons can form their trade union and apply for its registration, though registration is not mandatory. However, after a recent amendment of the Act, either 10% of the total employees of the organization or 100, whichever is the minimum, requirement who who can apply for the registration of a trade union. However, if not registered, the trade unions cannot avail the privileges of registered trade union. Similarly, the recognition of a trade union by the employers is also not mandatory though there is voluntary Code of Discipline, and legislation in some States, regarding recognition of trade unions by respective employers. Some of the major problems of trade unions in our country include: multiplicity of trade unions, politicalization of trade unions, poor finances, inter union and intra union rivalries, outside leadership, lack of provision for mandatory recognition by employer, inefficient and selfish leaders, etc.

Functions of Trade Unions


The functions of trade unions can be classified under the following five categories: i) Militant/ Fighting/ Intra mural Functions: These functions include protecting and promoting the interest of worker, e.g. rise in wages, security of job, more fringe benefits, etc., through negotiations, collective bargaining, etc. If this fails, unions resort to direct action like strike, gheraos, violence, etc. Fraternal or Extra mural Functions: These may comprise monetary or non monetary help to workers during the periods of strikes and lockouts, or medical, recreational, housing facilities, etc.

ii)

Cont..
iii) Political Functions: These functions include affecting a union to a political party, contesting elections and forming Government, if possible. iv) Social Functions: These functions may consist of carrying out social service activities like educating the people. v) Ancillary Functions: Such functions may include welfare activities, publication and research, communication, etc.

The problem of trade unions are as follows:

Problems of Trade Unions

Uneven Growth The trade unionism in India is characterized by uneven growth, both industry-wise and area-wise. Trade unions are popular in big industries and the degree of unionization varies widely from industry to industry. Besides, trade union activities are concentrated in a few States and in bigger industrial centers mainly due to concentration of industries in those places.

II. Limited Membership


The number of trade unions in India has increased considerably. But this has been followed by the declining membership per union. This is due to the reason that any seven workers any form a union under the Trade Unions Act, 1926 and get it registered. Now this limit has been increased to 10% of the total workers or 100 whichever is minimum. Secondly, the rivalry among the leaders of trade unions has resulted in multiplicity of unions, thereby reducing the average size of membership per union.

III. Multiplicity of Unions


There exist several trade unions in the same establishment. The multiplicity of unions is the result of outside leadership and labour laws. The law permits and gives sanctity to small unions. Any seven persons can form a union under the Trade Unions Act, 1926. Now this limit has been increased to 10% of the total workers or 100 whichever is minimum. This Act confers rights on such a union. It is allowed under the Act to raise disputes, file suits, go to conciliation and even bargain with employers. Therefore, small sections of workers are encouraged to form separate unions. There is no restriction on the umber of unions to be registered in one establishment.

IV. Outside Leadership Trade unions in India are led largely by people who themselves are not workers. These outsiders are politicians, intellectuals and professionals, having no experience of work in industry. Outsiders continue to dominate the trade unions to advance their personal interests. The existence of outside leadership has created the following problems: Since outsiders have links with political parties, they give greater importance to the interest of their political parties. At times, they don not mind sacrificing the interest of their followers for the achievement of political ends.

Cont Their approach towards labour problems is colored by political considerations. This hampers the growth of healthy employeremployee relations. When there is an industrial dispute, the leaders try to solve it through political pressures and interventions. This naturally obstructs the growth of understanding and accommodation between workers and employers. Outsides leaders are responsible for the creation of multiple unions, incase they are not satisfied with other union leaders, they would leave that union with a group of dissident workers and form another rival union in the same plant. Such an approach kills the solidity and solidarity of trade union movement.

V. Financial Problems The financial position of the trade unions is weak because their average yearly income is very low and inadequate. The subscription rates are very low. Under conditions of multiplicity of unions, a union interested in increasing its membership figures keeps the subscription rate unduly low. As a result, the funds with the unions are inadequate and they cannot undertake welfare programmes for their members. Another reason for the weak financial position of unions is that large amounts of subscription dues remain unpaid by the workers. Besides, unions do not have proper staff and organization to collect subscriptions.

VI. Indifferent Attitude of Workers


In India, a large number of workers have not joined any union. Moreover, all the members of the trade unions do not show interest in their affairs. The attendance at the general meetings of the unions is very low. Under such circumstance, trade unionism cannot be expected to make much progress.

VII. Miscellaneous i) Lack of Support for employees ii) Lack of Support for Government iii) Lack of Support for Community iv) Others

Recognition of Trade Unions Act


The law relating to the recognition of Trade Union in India was incorporated in Chapter III-A (from section 28-A to 28-I) by an amendment of the Indian Trade Unions Act, 1926. in the year 1947. but these provisions have not been put into operation so far and have thus remained a dead letter on the statate book. Section 28-A deals with the definition of the appropriate Government Section 28-B makes provisions for the appointment, Constitution, Powers and procedure of Labour Courts. Sections 28-C to 28-I deal with the law relating to recognition of trade Unions.

Sec. 28-C Recognition by Agreement (1) where an employer agrees to recognize Trade Union, a memorandum of agreement by the employer & the officers of the Trade Union, or their, or their authorized representatives may be presented to the Registrar who shall record the memorandum in a register in the prescribed manner.
(2) Such an agreement may be revoked by either party thereto on application made to the Registrar in the prescribed manner. (3) While such an agreement is in force, the Trade Union shall, in its relations with the employer with whom the agreement is made, have all the rights of a recognized Trade Union under this Act, and shall for all other purpose be deemed to be a recognized Trade Union.

Sec. 28-D. Conditions for recognition by order of a Labour Court A Trade Union shall not be entitled to recognition by order of a Labour Court under section 28-B unless it fulfills the following conditions. Namely(a) That all its ordinary members are workmen employed in the same industry closely allied to or connected with one another: (b) That it is representative of all the workmen employed by the employer in that industry or those industries: (c) That its rules do not provide for the exclusion from membership of any class of the workmen referred to in clause (b) (d) That its rules provide for the procedure for declaring a strike: (e) That its rules provide that a meeting of its executive shall be held at least once in every six months: (f) That it is a registered Trade Union and that it has complied with all the provisions of this Act:

Sec. 28-E. Application to and grant of recognition of Labour Courts. (i) Where a registered Trade Union having applied for recognition to an employer has failed to obtain recognition within a period of three months from the date of making such application, it may apply in writing setting out such particulars as may be prescribed, to the Labour Court for recognition by that employer. 2)A single application may be made under sub section (i) for recognition:(a) by more than one employer, or by an association of employers as well as one or more members thereof.

3)If the Labour Court is satisfied, that the Trade union is fit to be recognized by the employer, it shall make an order directing such recognition and make whether the recognition is to be by an association of employers, further direct, by the same or a subsequent

Cont.

order, recognition by every member of the association in relation to whom the Trade Union fulfils the condition set out in clause (b) of Section 28-D 4)Every order made under sub-section(5) shall be forwarded to the appropriate Government which shall notify it in the official Gazette, and while a recognition directed by such order is in force the Trade Union shall in its relation with the employer concerned, have all the rights of a recognized Trade Union under this act and shall for all others purposes be deemed to be a recognized trade union.

Section 28-F. Rights of recognized Trade Unions (i) The executive of a recognized Trade Union shall be entitled to negotiate with employers in respect of matter concerned with the employment or non-employment or the terms of employment or the conditions of labour of all or any of its members and the employer shall receive and send replies to letters sent by the executive and grant interviews to that body regarding such matters. 2) Nothing in sub-section shall be construed as requiring an employer to send replies to letters or grant interviews regarding matters on which as a result of previous discussion with executive of the Trade Union, the employer has arrived at a conclusion, whether in agreement with executive or not unless a period of at least three months has elapsed since the said conclusion was intimated to the executive, or unless there has been a change in circumstances.

Cont. 3) Any dispute between the employer and the executive as to whether a conclusion has been arrived at, or whether there has been a change in circumstances shall be referred to the Registrar whose decision shall be final. 4)The executive of a recognized Trade Union shall be entitled to display notices of the Trade Union, in any premises where its members are employed, and the employer shall afford them reasonable facilities for that purpose.

Sec. 28-G. Withdrawal of recognition. Where the recognition of Trade Union has been directed under section 28-E the Registrar or the employer may apply in writing to the Labour Court for withdrawal of the recognition on any of the following grounds, namely:

(a) That the executive of the members of the Trade Union have committed any unfair practice set out in section 28-J within three months prior to the date of the application. (b) That the Trade Union has failed to submit any return referred to in Section 28-I (c) That the Trade Union has ceased to be representative of the workmen referred to in clause (b) of section 28-D. (2) On receipt of an application under sub-section (I) the Labour Court shall, unless it thinks fit to dismiss the application summarily, serve notice in the prescribed manner on the Trade Union to show cause why its recognition not be withdraw.

Cont. (3) If after giving a reasonable opportunity to the Trade Union to show cause the Labour Court is satisfied that the Trade Union is no longer fit to be recognized, it shall make an order declaring that the recognition of the trade Union had been withdrawn, and forward a copy of the order to the appropriate Government which shall notify it in the official gazette. Sec. 28-H. Application for fresh recognition on the expiring of not less than six months from the date of withdrawal of recognition of a Trade Union under. sub-section (3) of section 28-4, the Trade Union., if it continues to be a registered Trade Union., may again apply for recognition, and the procedure laid down in this Act shall apply in respect of such applications as if it were an original application for recognition.

Sec. 28-I Recognized Trade Union., to submit prescribed returns Every Trade Union., recognized under section 28-E, shall submit to the Registrar at the prescribed time and in the prescribed manner such returns, in adoption to those referred to in section 28, as may be prescribed.

Trade Unions Act, 1926


Scope & Objectives
The Indian Trade Union Act was passed in 1926, which came into effect from 1st June 1927. The title was then changed to be known as the Trade Unions Act vide the amendment of 1964 which came into force with effect from 1st April 1965. This Act has been extended to Jammu & Kashmir with effect from 1st September 1971. This Act provides for the formation, registration of the trade unions, and immunities available to the union leaders while involving themselves with the union activities of a registered trade union. The Act provides the procedure for registration of the trade union and the rights and liabilities of the registered trade union. Any seven members can form a trade union. However, there should be at least 10 percent or 100 of the workmen, whichever is less, engaged or employed in the establishment in which the union is proposed to be formed.

Cont.. For the purpose of registration, the employees have to apply through a prescribed format and give the particulars such as name, occupations and addresses of the remembers, their place e of work, address of the head office of the union; name, age, address and occupation of the office bearers. The application should also be accompanied by the rules of the trade union containing the information about the object of forming the union, purpose for which the general fund will be spent, membership dues, process of selection of the office bearers, etc.

Cont.. The major benefit of registering the trade union is the immunity from criminal and civil suits. An office bearer of a registered trade union is not liable to punishment under sub-section 120 (b) of Indian Penal Code (dealing with criminal conspiracy) for signing any agreement with members. But the agreement must not be designed to commit an offence. There will be also immunity from civil suits for any act done in furtherance of a trade dispute to which members are a party. It is not a breach of contract between employer and employee, neither is it interference in the trade or business or employment of some other persons. However, no immunity is provided if threats, violence or other illegal means are employed by the members of the union.

Cont..
Any person who has attained the age of 16 years can be a member of the union and can be an office bearer after attaining the age of 18 years. The number of outsiders who can be the office bearers of the union is restricted to the 25 per cent of the total. The Act also has a provision to create a political fund which can be spent for promoting the political interests of the members.

Main Provisions (Registration of Trade Unions)


Appointment of Registrars 3.10[(1)] 11[The appropriate Government] shall appoint a person to be the Registrar of Trade Unions for 3[ each State]. 13[(2) The appropriate Government may appoint as many Additional and Deputy Registrars of Trade Unions as it thinks fit for the purpose of exercising and discharging, under the superintendence and direction of the Registrar, such powers and functions of the Registrar under this Act as it may, by order, specify and define the local limits within which any such Additional or Deputy Registrar shall exercise and discharge the powers and functions so specified.

Cont (3) Subject to the provisions of any order under sub- section (2), where an Additional or Deputy Registrar exercises and discharges the powers and functions of a Registrar in an area within which the registered office of a Trade Union is situated, the Additional or Deputy Registrar shall be deemed to be the Registrar in relation to the Trade Union for the purposes of this Act.]

Mode of Registration
4. 14[(1) Any seven or more members of a Trade Union may, by subscribing their names to the rules of the Trade Union and by otherwise complying with the provisions of this Act with respect to registration, apply for registration of the Trade Union under this Act: Provided that no Trade Union of workmen shall be registered unless at least ten per cent or on one hundred of the workmen, whichever is less, engaged or employed in the establishment or industry with which it is connected are the members of such Trade Union on the date of making of application for registration: Provided further that no Trade Union of workmen shall be registered unless at least ten per cent or one hundred of the workmen, whichever is less, engaged or employed in the establishment or industry with which it is connected.]

15[(2)

Where an application has been made under sub- section (1) for the registration of a Trade Union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application, but before the registration of the Trade Union, some of the applicants, but not exceeding half of the total number of persons who made the application, but before the registration of the Trade Union, some of the applicants, but not exceeding half of the total number of persons who made the application, have ceased to be members of the Trade Union or have given notice in writing to the Registrar dissociating themselves from the application.]

Application for Registration


5. (1) Every application for registration of a Trade Union shall be made to the Registrar, and shall be accompanied by a copy of the rules of the Trade Union and a statement of the following particulars, namely:-(a) the names, occupations and addresses of the members making the application; (b) the name of the Trade Union and the address of its head office; and (c) the titles, names, ages, addresses and occupations of the 1[ officebearers] of the Trade Union. (2) Where a Trade Union has been in existence for more than one year before the making of an application for its registration, there shall be delivered to the Registrar, together with the application, a general statement of the assets and liabilities of the Trade Union prepared in such form and containing such particulars as may be prescribed.

Provisions to be contained in the rules of a Trade Union


A Trade Union shall not be entitled to registration under this Act, unless the executive thereof is constituted in accordance with the provisions of this Act, and the rules thereof provide for the following matters, namely:-(a) the name of the Trade Union; (b) the whole of the objects for which the Trade Union has been established; (c) the whole of the purposes for which the general funds of the Trade Union shall be applicable, all of which purposes shall be purposes to which such funds are lawfully applicable under this Act; also the admission of

Cont. (d) the maintenance of a list of the members of the Trade Union and adequate facilities for the inspection thereof by the 16[ office- bearers] and members of the Trade Union; (e) the admission of ordinary members who shall be persons actually engaged or employed in an industry with which the Trade Union is connected, and the number of honorary or temporary members as 16[ office- bearers] required under section 22 to form the executive of the Trade Union; (ee) 2[ the payment of a subscription by members of the Trade Union which shall be not less than(i) One rupee per annum for rural workers; (ii) Three rupees per annum for workers in other unorganized sectors; and (iii) Twelve rupees per annum for workers in any other case;]

Cont. the conditions under which any member shall be entitled to any benefit assured by the rules and under which any fine or forfeiture may be imposed on the members; (g) the manner in which the rules shall be amended, varied or rescinded; (h) the manner in which the members of the executive and the other 17a[ office- bearers] of the Trade Union shall be 18[elected] appointed and removed; (i) the safe custody of the funds of the Trade Union, an annual audit, in such manner as may be prescribed, of the accounts thereof, and adequate facilities for the inspection of the account books by the 17a[ office- bearers] and members of the Trade Union; and (j) the manner in which the Trade Union may be dissolved.

Power to call for further particulars and to require alteration of name.7. (1) The Registrar may call for further information for the purpose of satisfying himself that any application complies with the provisions of section 5, or that the Trade Union is entitled to registration under section 6, and may refuse to register the Trade Union until such information is supplied. (2) If the name under which a Trade Union is proposed to be registered is identical with that by which any other existing Trade Union has been registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive the public or the members of either Trade Union, the Registrar shall require the persons applying for registration to alter the name of the Trade Union stated in the application, and shall refuse to register the Union until such alteration has been made.

Registration

The Registrar, on being satisfied that the Trade Union has complied with all the requirements of this Act in regard to registration, shall register the Trade Union by entering in a register, to be maintained in such form as may be prescribed, the particulars relating to the Trade Union contained in the statement accompanying the application for registration.

Certificate of registration.
The Registrar, on registering a Trade Union under section 8, shall issue a certificate of registration in the prescribed form which shall be conclusive evidence that the Trade Union has been duly registered under this Act.

Cancellation of registration.A certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar (a) on the application of the Trade Union to be verified in such manner as may be prescribed, or (b) if the Registrar is satisfied that the certificate has been obtained by fraud or mistake, or that the Trade Union has ceased to exist or has wilfully and after notice from the Registrar contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision, or has rescinded any rule providing for any matter provision for which is required by section 6;
18b[(c)

if the Registrar is satisfied that a registered Trade union of workmen ceases to have the requisite number of members:]

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Appeal.

11. (1) Any person aggrieved by any refusal of the Registrar to register a Trade Union or by the withdrawal or cancellation of a certificate of registration may, within such period as may be prescribed, appeal to appropriate authority Registered office.

12. All communications Union may be addressed to its registered office. Notice of any change in the address of the head office shall be given within fourteen days of such change to the Registrar in writing, and the changed address shall be recorded in the register referred to in section 8.

Incorporation of registered Trade Unions. 13. Every registered Trade Union shall be a body corporate by the name under which it is registered, and shall have perpetual succession and a common seal with power to acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued. Certain Acts not to apply to registered Trade Unions. The following Acts, namely:(a)The Societies Registration Act, 1860 (21 of 1860 ), (b)The Co- operative Societies Act, 1912 (2 of 1912 ), 22[***] 23(c)[ The Companies Act, 1956 (1 of 1956 ),] shall not apply to any registered Trade Union, and the registration of any such Trade Union under any such Act shall be void.

Rights and Liabilities of Registered Trade Unions


Objects on which general funds may be spent. 15. The general funds of a registered Trade Union shall not be spent on any other objects than the following, namely:(a) the payment of salaries, allowances and expenses to l[ officebearers] of the Trade Union; (b) the payment of expenses for the administration of the Trade Union, including audit of the accounts of the general funds of the Trade Union; (c) the prosecution or defence of any legal proceeding to which the Trade Union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the Trade Union as such or any rights arising out of the relations of any member with his employer or with a person whom the member employs; (d) To (k) others as mentioned in the Act

Constitution of a separate fund for political purposes.16. (1)A registered Trade Union may constitute a separate fund, from contributions separately levied for or made to that fund, from which payments may be made, for the promotion of the civic and political interests of its members, in furtherance of any Of the objects specified in sub- section (2). (2)The objects referred to in sub- section (1) are:-- (a) the payment of any expenses incurred, either directly or indirectly, by a candidate or prospective candidate for election as a member of any legislative body constituted under 2[ the Constitution] or of any local authority, before, during, or after the election in connection with his candidature or election; or (b) To (e) others as mentioned in the Act

Criminal conspiracy in trade disputes.17. No 28[ office- bearer] or member of a registered Trade Union shall be liable to punishment under sub- section (2) of section 120B Indian Penal Code (45 of 1860 ), in respect of any agreement made between the members for the purpose of furthering any such object of the Trade Union as is specified in section 15, unless the agreement is an agreement to commit an offence.

Immunity from civil suit in certain cases.18. (1) No suit or other legal proceeding shall be maintainable in any Civil Court against any registered Trade Union or any 28[ officebearer; or member thereof in respect of any act done in contemplation or furtherance of a trade dispute to which a member of the Trade Union is a party on the ground only that such act induces some other person to break a contract of employment, or that it is in interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills. (etc.)

Enforceability of agreements. 19. Notwithstanding anything contained in any other law for the time being in force, an agreement between the members of a registered Trade Union shall not be void or voidable merely by reason of the fact that any of the objects of the agreement are in restraint of trade: Provided that nothing in this section shall enable any Civil Court to entertain any legal proceeding instituted for the express purpose of enforcing or recovering damages for the breach of any agreement concerning the conditions on which any members of a Trade Union shall or shall not sell their goods, transact business, work, employ or be employed.

Right to inspect books of Trade Union. 20. The account books of a registered Trade Union and the list of members thereof shall be open to inspection by an 1[ office- bearer] or member of the Trade Union at such times as may be provided for in the rules of the Trade Union. Rights of minors to membership of Trade Unions. 21. Any person who has attained the age of fifteen years may be a member of a registered Trade Union subject to any rules of the Trade Union to the contrary, and may, subject as aforesaid, enjoy all the rights of a member and execute all instruments and give all acquittance necessary to be executed or given under the rules. 30[* * *]

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[ Disqualifications of office- bearers of Trade Unions.

21 A. (1) A person shall be disqualified for being chosen as, and for being, a member of the executive or any other office- bearer of a registered Trade Union if(i) he has not attained the age of eighteen years, (ii) he has been convicted by a Court in India of any offence involving moral turpitude and sentenced to imprisonment, unless a period of five years has elapsed since his release.]

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[Proportion of office- bearers to be connected with the industry. 22. (1) Not less than one- half of the total number of the 5[ officebearers] of every registered Trade Union shall be persons actually engaged or employed in an industry with which the Trade Union is connected:] Change of name. 23. Any registered Trade Union may, with the consent of not less than two- thirds of the total number of its members and subject to the provisions of section 25, change its name.

Amalgamation of Trade Unions. 24. Any two or more registered Trade Unions may become amalgamated together as one Trade Union with or without dissolution or division of the funds of such Trade Unions or either or any of them, provided that the votes of at least one- halt of the members of each or every such trade Union entitled to vote are recorded, and that at least sixty per cent. of the votes recorded are in favour of the proposal.

Notice of change of name or amalgamation. 25. (1) Notice in writing of every change of name of every amalgamation, signed, in the case of a change of name, by the Secretary and by seven members of the Trade Union changing its name, and, in the case of an amalgamation, by the Secretary and by seven members of each and every Trade Union which is a party thereto, shall be sent to the Registrar, and where the head office of the amalgamated Trade Union is situated in a different State, to the Registrar of such State. Effects of change of name and of amalgamation. 26. (1) The change in the name of a registered Trade Union shall not a affect any rights or obligations of the Trade Union or render

Cont. defective any legal proceeding by or against the Trade Union, and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name. (2) An amalgamation of two or more registered Trade Unions shall not prejudice any right of any of such Trade Unions or any right of a creditor of any of them. Dissolution. 27. (1) When a registered Trade Union is dissolved, notice of the dissolution signed by seven members and by the Secretary of the Trade Union shall, within fourteen days of the dissolution, be sent to the Registrar, and shall be registered by him if he is satisfied that the dissolution has been effected in accordance with the rules of the Trade Union, and the dissolution shall have effect from the date of such registration.

Returns. 28. (1) There shall be sent annually to the Registrar, on or before such date as may be prescribed, a general statement, audited in the prescribed manner, of all receipts and expenditure of every registered Trade Union during the year ending on the 31st day of 35[ December] next preceding such prescribed date, and of the assets and liabilities of the Trade Union existing on such 31st day of 35[ December]. The statement shall be prepared in such form and shall comprise such particulars as may be prescribed.

REGULATIONS Power to make regulations. 29 (1) 38[***] [ The 39[ appropriate Government] may make regulations for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-(a)the manner in which Trade Unions and the rules of Trade Unions shall be registered and the fees payable on registration; (b)the transfer of registration in the case of any registered Trade Union which has changed its head office from one State to another; (c)the manner in which, and the qualifications of persons by whom, the accounts of registered Trade Unions or of any class of such Unions shall be audited; (d) the conditions subject to which inspection of documents kept by Registrars shall be allowed and the fees which shall be chargeable in respect of such inspections; and (e) any matter which is to be or may be prescribed.

Publication of regulations. (1) The power to make regulations conferred by section 29 is subject to the condition of the regulations being made after previous publication. (2) The date to be specified in accordance with clause (3) of section 23 of the General Clauses Act, 1897 (10 of 1897 ), as that after which a draft of regulations proposed to be made will be taken into consideration shall not be less than three months from the date on which the draft of the proposed regulations was published for general information.

PENALTIES AND PROCEDURE


Failure to submit returns. 31. (1) If default is made on the part of any registered Trade Union in giving any notice or sending any statement or other document as required by or under any provision of this Act, every 1[ office- bearer] or other person bound by the rules of the Trade Union to give or send the same, or, if there is no such 40[ office- bearer] or person every member of the executive of the Trade Union, shall be punishable, with fine which may extend to five rupees and, in the case of a continuing default, with an additional fine which may extend to five rupees for each week after the first during which the default continues: Provided that the aggregate fine shall not exceed fifty rupees.

Supplying false information regarding Trade Unions. 32. Any person who, with intent to deceive, gives to any member of a registered Trade Union or to any person intending or applying to become a member of such Trade Union any document purporting to be a copy of the rules of the Trade Union or of any alterations to the same which he knows, or has reason to believe, is not a correct copy of such rules or alterations as are for the time being in force, or any person who, with the like intent, gives a copy of any rules of an unregistered Trade Union to any person on the pretence that such rules are the rules of a registered Trade Union, shall be punishable with fine which may extend to two hundred rupees.

Cognizance of offences. (1) No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act. (2) No Court shall take cognizance of any offence under this Act, unless complaint thereof has been made by, or with the previous sanction of, the Registrar or, in the case of an offence under section 32, by the person to whom the copy was given, within six months of the date on which the offence is alleged to have been committed.